here in fairfax county, police have been using a law called failure to pay full-time attention to pull over drivers who are texting, or are distracted behind the wheel. >> not a day goes by that people don't notice other drivers texting while driving. and our officers are doing what they can to enforce this. >> reporter: and she tells news4 these kinds of violations have skyrocketed. in 2009, about 7,000 offenses. in 2010, over 9,000. last year, and this year, close to 12,000 offenses. here in virginia, a number of bills are being drawn up that would make the penalties for texting and driving tougher. the problem is that in the commonwealth, texting and driving is a secondary offense, meaning you can't be pulled over just for texting alone. 19-year-old kyle was killed a year and a half ago because of an apparent texting and driving case. his car broke down, kyle got out to push, he was then hit. records show the driver who hit him was on his phone. >> he was texting. it's not looking at the roadway while you're driving a car which turns into a weapon. >> reporter: because of the compli